Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Tagged with wrongful death NYC

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accident sceneTwo men died in a two separate motorcycle accidents in Brooklyn, NYC, this week-end. A woman who was a passenger in one of the accidents is in critical condition. The first accident took place on the Williamsburg Bridge on Saturday night, around 9:40 pm. 48 year old Khayyam Jackson was riding his motorcycle at high speed going toward Brooklyn. As he was trying to pass a car he rear-ended it and as a result lost control of his bike and careened into a pillar of the bridge. The impact was so strong that the motorcycle driver was killed in the accident. The driver of the car remained at the scene of the accident and was not charged.

A few hours later, early Sunday morning, around 2:15 am, 30 year old David Fuller-Gist was riding his motorcycle with a 24 year female passenger on Atlantic Avenue in Crown Heights when he lost control of his bike. He crashed into a pillar of the elevated Long Island Rail Road tracks at the intersection of Troy Ave. Both riders were rushed to the hospital. David passed away and the female passenger was in critical condition. (Read more in the NY Daily News )

Speeding BMW driver  kills 77 year old woman on the Van Wick Expressway

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A total of 118 people including 39 motorists, 16 motor vehicle passengers, 5 cyclists and 58 pedestrians lost their life in crashes in New York City during the first six months of 2021. This is the highest number of traffic accident fatalities during the first semester since 2013 when 121 people died in crashes. During the 7 following years, after Vision Zero was launched in 2014, auto fatalities declined and oscillated around 100 during the first six months of the year with their lowest at 84 deaths during the first semester of 2018.

traffic accident fatalities NYC 1st semester 2021
New York City auto accident injuries were lower than usual during the first semester of 2021. Since the beginning of the pandemic last year, less people have been on the road in the city which might explain the decline in injuries. A total of 22,898 people were injured. Among them were 10,975 motorists, 6,492 passengers, 2,303 cyclists and 3,128 pedestrians.

traffic accident injuries new york 1st sem 2021
Pedestrian fatalities were at their highest since 2014 last semester with 58 deaths compared to respectively, 37, 51, 49, 49, 56, 34, 60 and 72 during the first six months of 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013.It is very disappointing that after 7 years of  multiple Vision Zero initiatives, the number of pedestrian fatalities is back at its 2014 level. Are more pedestrians dying because the streets are still less busy than usual and more people are speeding or driving in a reckless manner?

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location of the dump truck accident in Brooklyn, NYCA scooter rider was fatally struck by a dump truck in Brooklyn, NYC, yesterday morning. The accident took place at the dangerous intersection of Canton Avenue and East 7th Street in Kensington, Brooklyn.  The scooter rider that was killed yesterday was identified as 27 year old Frederico Zaput Palsa.  The young man was working at the time of the accident, making a delivery for the pan-Asian restaurant Dao Palate in Park Slope. The truck driver, a 42 year old man, remained at the scene of the accident and so far has not been charged.

Both the dump truck and the scooter were trying to go around a double-parked car

According to the preliminary report of the Police, the scooter rider and the truck driver were both going East on Canton Avenue, the collision occurred as both the scooter and the truck were trying to go around a double-parked car.  Zaput Palax suffered a critical head injury and died at the scene of the accident.  His 21 year old brother, Alfonso was heartbroken. He told the News that he had already lost another brother to Covid19 last year.  Frederico  was the father of two sons and one daughter who live in Guatemala.

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location of the deadly Maserati crash in Brooklyn NYCTwo people were killed and two others were injured in car accidents related to speed in New York City these  last days. Yesterday night, 34 year old Joseph Edlawn, was speeding North on the Harlem River Drive when he lost control of his vehicle while attempting to take the East 125th Exit at high speed. He was on the ramp leading down to 125th Street when he hit the curb violently. The car flipped over and rolled over several times before landing on the roof. The driver was not wearing his seatbelt and was ejected from the car. He was rushed to the hospital where he was pronounced dead.  A 28 year old woman who was a passenger wearing a seatbelt only suffered minor scrapes.  (Read more in the New York Post)

On Saturday morning around 3:30 am a man behind the wheel of  Maserati  was speeding on Atlantic Avenue in Brooklyn when he lost control of his vehicle and crashed into the pole of the elevated train line at the intersection of Rochester Avenue in Crown Heights. The car flipped in the air and split in two before catching fire. Firefighters ran to the rescue. A man who is presumed to be the driver died at the scene of the accident and another man who was presumably the passenger was rushed to the hospital with critical injuries.  (Read more in the NY Daily News)

Injuries and death related to speed are on the rise in New York City since last year. According to the most recent data, NYPD collision data, unsafe speed was a contributing factor in 450  NYC traffic accidents that resulted in injury or death during the month of June. As a comparison during the same month, distracted driving, failure to yield-the-right-of-way, and following too closely were respectively the contributing factor in 2,850, 788 and 773 crashes that resulted in injury or death.

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workers on suspended scaffoldIn an effort to reduce construction accident deaths and injuries in New York City, the Department of Buildings has been deploying new strategies and increasing its staff. It just released a new report about it.

New inspection unit

The DOB role is not only to deliver wok permits for new construction or renovations but also to make sure that construction workers are being fully protected when they do their job. In order to do so the DOB created a new inspection unit called the “Construction Safety Compliance”. Inspectors in this unit are targeting mainly large NYC construction sites and making sure that all workers have been following the Site Safety Training and contractors are respecting all construction safety rules.

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5 construction workers died on the job in New York City between April 1st and May 31st. This is the highest number of  hard hat fatalities over a 2-month period since at least 2015. 2 fatal accidents occurred in Brooklyn, 1 in Manhattan, 1 in the Bronx and 1 in Queens. So far, since the beginning of the year, 7 workers died on NYC construction sites compared to respectively  1 and 8  for the same period of  2020 and 2019. (click on the graphs for full view)

Construction Accident Deaths May 2021 NYC
64 NYC construction workers suffered injuries in April and 38 in May. Between January 1st 2021 and May 31st a total of 223 workers were injured on the job in the city. It is more than during the same period of 2020, when 186 workers were injured, but less than during the same period of 2019 when 502 hard hats were injured.

Injuries on New York Construction sites May 21

Manhattan remains the borough with the highest number of construction accidents as well as the highest number of injuries and deaths related to these accidents

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construction workers moving equipment are at risk of struck by accidentsHard hats working at 322 construction sites in NYC were at risk of getting injured or dying in construction accidents because their jobsite was not safe.

These 322 sites including 113 in Brooklyn, 83 in Manhattan, 69 in Queens, 54 in the Bronx and 3 in Staten Island were issued a stop work order and fines by the NYC Department of Buildings after its inspectors conducted a massive safety sweep. (See previous blog).

Recent spike in NYC construction accident deaths

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accident sceneA cyclist was fatally struck by a car  in the Bronx, NYC, last Friday night. The accident occurred around 11:22 pm  on Southern Boulevard, near the ramp of the Bronx River Parkway, in the Bronx Park. According to the police, the driver who was speeding was attempting to pass the cyclist but there was not enough space to do so and he struck the back wheel of the cyclist. The victim whose name was not released by the police, flew onto the windshield of the car, a 2019 Mercedes Benz Sedan, and then landed on the street. He died at the scene of the accident from severe body and head trauma.  The driver of the Mercedes abandoned his car on the side of the Boulevard and ran away on foot. The police are still looking for him. (read more in the Gothamist)

Less than 24 hours later, also in the Bronx, a man riding a e-scooter died after being struck by an Amazon Prime delivery van. The accident occurred in front of 1230 E. Tremont Avenue,  a little bit before 7:30 pm. Both the van and the e-scooter were travelling in the same direction when the van struck the scooter. The victim who was not identified, died at the scene of the accident. The driver of the van stayed at the scene of the accident and was not charged by the police. (Read more in the NY Post). 

In Brooklyn, a couple who was heading to work on a moped, were struck by a dump truck on Rogers Avenue near Bergen Street in Crown Heights. 36 year old Jose Garcia Cruz was taking his girlfriend, 25 year old Kristina Walker, to work when the accident occurred. The circumstances of the accidents are not exactly clear. CBS News indicates that the truck rear ended the moped while the police told the NY Daily News that the driver lost control of the moped when he tried to pass the dump truck. In NYC, the police have a habit of protecting the motorists and blaming the victims. (read more in the NY Daily News)

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Crash Mapp of ELiot Ave and Fresh Pound IntersectionA reckless drunk driver struck a car, killing the driver and injuring the passenger yesterday in Queens NYC. 22 year old Erik Chimborazo was drunk behind the wheel when he hit 47 year old Mohammed Hossain, a Lyft driver who was driving  the final passenger of his shift before returning home to his wife and three children in Borough Park, Brooklyn. Chimborazo who is unlicensed was speeding behind the wheel of a vehicle that had no insurance and  no inspection certificate. A neighbor told the NY Daily News that the impact was so intense that Chimborazo must have been driving at a speed of 80 or 90 mph when he T-Boned the Lyft car.  Further investigation found that the driver ran a red light and had twice the limit of alcohol in his system two hours after the accident.

The accident occurred at the intersection of  Fresh Pond Road and Eliot Ave around 3:50 am on Sunday.  The driver had texted his wife 30 minutes earlier that he was coming home. Both cars occupants were transported to the hospital. Mohammed Hossain was declared dead while his passenger was treated for minor injuries. The drunk driver was also transported to the hospital for evaluation before he was arraigned. He was charged with driving a vehicle that lacked insurance and an inspection certificate, driving without a license, DUI and vehicular manslaughter.

Houssain, a very quite man who loved his family immigrated from Bangladesh 12 year ago.  He was the only provider for his wife Kulsuma Jahan and their 3 children, 14 year old Samin, 7 year old Lybia and 2 year old Labeen. His family and friends were devastated by his death.

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the intersection where Lisa Bane was killed10 days ago Lisa Banes was crossing the street when she was struck by a reckless scooter operator who ran a red light, hit her and just kept going. The impact was so intense that Banes was knocked out of the crosswalk. She suffered critical  head injuries and was rushed to Mount Sinai Morningside Hospital where she passed away yesterday afternoon.

The accident occurred at the  intersection of West 64th Street and Amsterdam Ave on Friday June 4th around 6:30 pm. The actress was on her way to a dinner with friends and had planned to stop at Julliard and at the Lincoln Center on the way. She was in the crosswalk with the light in her favor when the reckless scooter driver mowed her down.

Lisa Banes, an acclaimed Hollywood actress who starred in the movies “Cocktail” and “Gone Girl” and also appeared in multiple TV shows such as “Nashville,” “The Orville,” “Masters of Sex,” and “Royal Pains, was in Manhattan for a performance at the Manhattan Theater Club. The 66 year old woman is married to Kathryn Kranhold. 

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